Unlawful Arrest in UK Law

  • R v Howell (Errol)
    • Court of Appeal (Criminal Division)
    • 13 Abril 1981
    ... ... was using unreasonable force in a proper endeavour to escape from unlawful arrest we cannot be sure. At best we feel able to say there are ... ...
  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Supreme Court
    • 23 Marzo 2011
    ... ... He also claimed a declaration that his detention was unlawful, a mandatory order that he be released and damages. On 4 July 2008, ... Just as arrest and surveillance powers need to be transparently identified through codes ... ...
  • O'Hara v Chief Constable of the Royal Ulster Constabulary
    • House of Lords
    • 12 Diciembre 1996
    ... ... The appeal can be decided on narrow grounds. The arrest was prima facie unlawful. At trial the respondent sought to justify the ... ...
  • Hill v Chief Constable of West Yorkshire
    • House of Lords
    • 28 Abril 1988
    ... ... So he may be liable in damages for assault, unlawful arrest, wrongful imprisonment and malicious prosecution, and also for ... ...
  • Liversidge v Anderson
    • House of Lords
    • 03 Noviembre 1941
    ... ... , a declaration that his detention in Brixton Prison was and is unlawful, and damages for false imprisonment. Paragraph 2 of the Statement of Claim ... The power of arrest is confided by the common law both to constables and to private ... ...
  • Hill v Chief Constable of West Yorkshire
    • Court of Appeal (Civil Division)
    • 19 Febrero 1987
    ... ... part of the police would have resulted in the attacker's previous arrest. If the answer is "No", then the plaintiff must fail and there will be no ... 22 Further, the police are liable for assault, unlawful arrest, wrongful imprisonment and malicious prosecution ... 23 All the ... ...
  • Attorney General of Trinidad and Tobago v Ramanoop
    • Privy Council
    • 23 Marzo 2005
    ... ... The principal declarations were to the effect that Mr Ramanoop's arrest and imprisonment were unconstitutional and in breach of his rights under ... than a common law action for damages in respect of Mr Ramanoop's unlawful detention and the assaults made upon him by PC Rahim. The Attorney General ... ...
  • Kuddus v Chief Constable of Leicestershire Constabulary
    • House of Lords
    • 07 Junio 2001
    ... ... cover the police and local and other officials exercising search or arrest without a warrant: "and it may be that in the future it will be ... may, on occasion, act in gross breach of discipline and commit an unlawful act which is oppressive or arbitrary and in such cases exemplary damages ... ...
  • Roy v Prior
    • House of Lords
    • 07 Julio 1970
    ... ... civil action against the Respondent claiming damages for malicious arrest. The plaintiff who is a medical practitioner alleges that the defendant ... that a man cannot be debarred from bringing an action for unlawful arrest by reason only of the fact that a step in procuring the arrest ... ...
  • Van Colle and Another v Chief Constable of the Hertfordshire Police
    • House of Lords
    • 30 Julio 2008
    ... ... DC Ridley was intending to take a full statement from Giles and arrest Brougham ... 17 At 7.25 pm on 22 November, ... each member state not only to refrain from the intentional and unlawful taking of life ("Thou shalt not kill") but also to take appropriate steps ... ...
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